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1932

Yale Law School

7 Notre Dame Lawyer 468 (1932)

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The Foreseeability Factor In The Law Of Torts, Fowler V. Harper Jan 1932

The Foreseeability Factor In The Law Of Torts, Fowler V. Harper

Faculty Scholarship Series

Probably the most powerful and most uniform social policy crystallized in the various rules and doctrines of tort law is to be found in the concept of foreseeability or expectability of certain harms from certain types of conduct. The whole idea of risk or threat is comprehended in the notion of foresight--foresight in the sense of the probability of harm resulting from conduct. Experience suggest the danger incident to certain activity. Not particular experience of particular individuals, but general experience--experience that often defies analysis--the multitude of factors, knowledge, hunches, instincts or what they may be called, the common sense that ...